H1 Transfer

D

danpree

Registered Users (C)
I am dealing with a lawyer who has not done much of Immigration Work before and cannot replace her, as she is the one appointed by the company.
I told her that one can start working as soon as a Receipt Notice is available, but she wants actual evidence of that practice viz. Documented Notes or USCIS Material that can prove the practice.
I am looking to transfer from A to B and have a valid H1 B stamped until Sep 2009. The company is filing for premium processing.
 
Go to www.uscis.gov and clock on "public law amending INA" on the left.
THen search Pub. L. 106-313 and click it.
Scroll down to Sec. 105 where the answer you want is.



SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.


(a) IN GENERAL- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection:

“(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

“(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien--

“(A) who has been lawfully admitted into the United States;

“(B) on whose behalf an employer has filed nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and

“(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.”.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act.
 
Last edited by a moderator:
Here is the actual word in INA.

Sec 214(n)

(n) 14/ (1) 6/ A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien--

(A) who has been lawfully admitted into the United States;
(B) on whose behalf an employer has filed nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and
(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.
 
You must log in or register to reply here.
Top